Ngo v. Queen's Med. Ctr.Annotate this Case
A nine-year-old child (“Minor”) died from cardiac arrest caused by hypovolemic shock. Plaintiffs filed this action against the Queen’s Medical Center (“QMC”), Dr. Thinh T. Nguyen (“Defendant”), and The Emergency Group, Inc. (collectively, “Defendants”), alleging that Defendants failed to provide information required under the informed consent doctrine before treating Minor for vomiting and nausea with the medication Reglan. The circuit court granted judgment as a matter of law for Defendants on the informed consent claim. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated in part the ICA’s judgment on appeal as to Plaintiffs’ informed consent claims, holding (1) Plaintiffs presented sufficient expert medical evidence to advance their informed consent claim to the jury; and (2) the ICA erred in concluding that Plaintiffs waived the issue of Defendant’s failure to inform them of all statutorily mandated information.